R. v. Collyer

R. v. Collyer

Trial judge preferred the complainant's evidence, found beyond a reasonable doubt that the accused, in a position of trust, intentionally touched the complainant's vagina for a sexual purpose satisfying s.153(1)(a); although the elements of sexual assault (s.271) were also found proven, a conditional stay was entered on the sexual assault charge to avoid multiple convictions for the same conduct.

Citation
2019 NSSC 318
Parties
Prosecution: Her Majesty the Queen; Defence: John William Collyer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 October 2019
Procedural Posture
Criminal Sexual Assault and Sexual Exploitation / Trial Judgment (conviction and Conditional Stay)
Outcome
Convicted of sexual exploitation (s.153(1)(a)); conditional stay entered on sexual assault charge (s.271)
Legal Topics
Sexual Assault, Sexual Exploitation, Credibility Assessment, Circumstantial After the Fact Evidence, Publication Restriction
Source Language
English
Criminal Law Sexual Offences Evidence Sexual Assault Sexual Exploitation Credibility Assessment Circumstantial After the Fact Evidence Publication Restriction

Case Brief

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Parties

Her Majesty the Queen

Prosecution

John William Collyer

Defence

Procedural Posture

Criminal Sexual Assault and Sexual Exploitation / Trial Judgment (conviction and Conditional Stay)

Legal Issues

  1. 1 Has the Crown proven each element of sexual assault beyond a reasonable doubt?
  2. 2 Has the Crown proven each element of sexual exploitation (s.153(1)(a)) beyond a reasonable doubt?

Ratio Decidendi

Trial judge preferred the complainant's evidence, found beyond a reasonable doubt that the accused, in a position of trust, intentionally touched the complainant's vagina for a sexual purpose satisfying s.153(1)(a); although the elements of sexual assault (s.271) were also found proven, a conditional stay was entered on the sexual assault charge to avoid multiple convictions for the same conduct.

Court Disposition

Convicted of sexual exploitation (s.153(1)(a)); conditional stay entered on sexual assault charge (s.271)

Orders

  • Conviction entered for sexual exploitation contrary to s.153(1)(a) of the Criminal Code for conduct between May 1, 2016 and July 31, 2016
  • Conditional stay entered on the sexual assault charge contrary to s.271 of the Criminal Code